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Judge temporarily pauses Paramount's Warner Bros. takeover

Meg James, Los Angeles Times on

Published in Entertainment News

LOS ANGELES — A federal judge has temporarily blocked Paramount Skydance’s efforts to complete its purchase of Warner Bros. Discovery, ruling that the proposed merger “raises serious questions” about whether the blockbuster $111-billion deal violates U.S. antitrust law.

District Judge Araceli Martínez-Olguín, based in Oakland, on Monday granted a temporary restraining order request by a coalition of 12 state attorneys general, led by California Atty. Gen. Rob Bonta, to freeze the deal while the court delves more closely into its impact on markets.

The order pauses the deal for 14 days.

“This is a critical first win in our case to ensure this megamerger never sees the light of day,” Bonta said in a statement. “History tells the tale of what happens when a few people have great power over markets that are central to Americans’ lives: fewer opportunities for more people, worse products and services for all people. With our lawsuit, we’re fighting for a free and fair market and a thriving film and television industry that serves creatives and audiences alike.”

Martínez-Olguín’s order came after a hearing in Oakland on Friday that represented a first salvo between the two sides in the fight over a merger that would dramatically reshape the entertainment industry.

Two century-old film studios — with rights to Harry Potter, Batman, “Top Gun,” “The Matrix,” “The Big Bang Theory,” “Ted Lasso” and “Game of Thrones” — would be combined, and HBO and CNN would come under new ownership.

The ruling was anticipated — but it nonetheless dealt a blow to tech scion David Ellison’s efforts to quickly finalize his massive acquisition, which has the support of President Trump. Ellison wants to complete the deal by September to avoid a higher payout to Warner Bros. Discovery shareholders.

Because of the case’s expedited status, the judge said she looked closely at only one of the three markets where the plaintiff states allege the merger could bring anticompetitive harms — wide-release Hollywood films.

“Plaintiffs present compelling evidence that the combined firm resulting from the transaction will possess substantial market share in the wide-release theatrical distribution market,” Martínez-Olguín wrote in her 10-page order.

If allowed to merge, Paramount-Warner Bros. would control about 27% of the market of films that are initially released into more than 3,000 theaters.

 

“On this combined firm market share alone, the Court is persuaded that it can presume the proposed merger is likely to violate antitrust laws,” the judge wrote.

She said that that Paramount and Warner Bros. Discovery are “temporarily enjoined and restrained from closing or consummating the transaction or taking any steps, directly or indirectly, to integrate or consolidate their operations pursuant to the transaction.”

The order extends to all officers, attorneys, and “other persons who are in active concert or participation with Defendants,” Martínez-Olguín wrote.

A Paramount spokesperson was not immediately available for comment.

The states and Paramount will collide in court again on Aug. 3, when the judge takes up the expected motion for a preliminary injunction — which could tie up the deal for months.

The merger is far from dead, Emarketer senior analyst Ross Benes said in a statement.

“The order is likely to be a speed bump,” Benes wrote. “Thanks to the company’s symbiotic relationship with Trump, most challenges ahead that could stop the deal will be steamrolled.”

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